Restraint
Zafar Iqbal alias Zafarullah Khan v State (2017 SCMR 1721)
The death penalty should not be awarded where there is a lack of premeditation and motive is unproven. The Supreme Court considers a single shot fired as evidence of lack of premeditation.
Dilawar Hussain v. State (2013 SCMR 1582)
Any mitigation is sufficient to justify a lesser sentence. Deliberately inflicting an injury on a lower part of the body, and not inflicting repeat injuries, constitutes sufficient mitigation. Additionally, where the accused has already served a long period in imprisonment the ‘expectancy of life’ arises.
Hassan and Others v. State and Others (PLD 2013 SC 793)
Mitigating factors that prevent the imposition of the death penalty include: (1) lack of premeditation – which can be evidenced by the incident occurring at the ‘spur of the moment’; (2) failure to inflict repeat injuries where there was opportunity to do so; (3) co-accused received a lesser sentence; and (4) lack of clarity about who inflicted the fatal injuries. Further, a death sentence should be commuted to life where the accused has already served a full life term of imprisonment (25 years), giving rise to the ‘expectancy of life’ doctrine.
